This week, the Virginia REALTORS® legal team discusses affiliated businesses and how they work in the context of RESPA. Laura and Jon examine how Congress carved out an exception to RESPA for these business arrangements, provided that they meet a three-part test. They also answer Legal Hotline questions, including the disclosures a broker must make when she owns a percentage of a title insurance agency.

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This week, the Virginia REALTORS®’s legal team discusses the history of the Fair Housing Act. With the celebration of the 50th anniversary of the Fair Housing Act, Erin and Austin discuss how we got to where we are today. They discuss the history of both the federal Fair Housing Act and the Virginia Fair Housing Act.

This week, the Virginia REALTORS®’s legal team discusses net neutrality. Austin and Laura discuss the concept of net neutrality and how recent federal regulatory decisions might impact that going forward. They also touch on how these changes might affect the real estate industry, as internet service providers could create new pricing structures that could cost brokerages more money to provide high-speed internet access.

This week, the Virginia REALTORS® legal team discusses the difference between independent contractor relationships and limited service agreements. Erin and Jon talk about the duties owed by real estate licensees to their clients in each of these situations, and how the relationships differ in significant ways. They also answer some legal hotline questions, such as “Can my firm offer both full- and limited-service relationships?” and “If I have an independent contract with a Seller, do I have to disclose that to an unrepresented party?”.

This week, the Virginia REALTORS® legal team discusses incapacitated clients and how that incapacity affects real estate deals. Erin and Cate discuss how age, mental capacity, and intoxication affect the ability of clients to enter into binding agreements in Virginia. They also answer some legal hotline questions, including one where a client is diagnosed with Alzheimer’s Disease prior to ratification of the sales contract.

This week, the Virginia REALTORS® legal team discusses mediation versus litigation in real estate disputes. Laura and Austin talk about the differences between formal (litigation) and informal (mediation) resolutions to disputes in the court system, and they discuss how Virginia REALTORS® forms address this issue. They also answer some legal hotline questions such as, “What’s the point of going to non-binding mediation?” and “Who can I use as a mediator?”.

This week, Virginia REALTORS®’s legal team discusses the responsibilities of landlords and property managers with regards to mold. Erin and Jon review landlord requirements for remediation under the Virginia Residential Landlord Tenant Act when a tenant reports evidence of visible mold. They answer some legal hotline questions, such as “What are the 'professional standards' for mold remediation?” Finally, Erin and Jon discuss how property managers can limit their risk when they receive reports of visible mold in rental properties.

This week, Virginia REALTORS®’s legal team discusses the Atlantic Coast Pipeline, also known as the Dominion Pipeline. Erin and Austin discuss what the Atlantic Coast Pipeline is, and explore what a real estate licensee’s disclosure requirements may be for properties in the proposed pipeline’s path. They answer some legal hotline questions, such as “I have a seller that lives in a county that is in the pathway of the pipeline. She believes that her property will be directly affected, and wants to know if she must disclose this to potential buyers?” Finally, Erin and Austin discuss how real estate licensees can limit their risk when working with buyers and sellers in the areas affected by the proposed pipeline.

This week, Virginia REALTORS®’s legal team takes another look at the Real Estate Settlement Procedures Act, or RESPA, by focusing on co-marketing agreements. Erin and Jon discuss what exactly co-marketing agreements are and how RESPA treats these types of agreements. They answer some legal hotline questions, such as “I have a co-marketing agreement with a settlement company. I typically pay for all the marketing and have the settlement company reimburse me for half, but it varies depending on the number of referrals that we receive from the settlement company. Is this problematic?” Finally, Erin and Jon review some ways to limit your risk when engaging in co-marketing agreements.